Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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R.SHAH (OFFICE STAFF)     02 January 2017

Car parking (stilt / open space) is sole belongs to promoter

dear all,

I have booked the flat in under construction tower, the promoters and me execute and registered the agreement, in the agreement of sale various clauses where put in regards to car parking in different-different para’s at.

  1. The promoters have allotted NIL number car parking spaces to the purchasers in the stilt/podium area.

12  The promoters have allotted NIL number car parking spaces to the purchasers in the stilt/podium area.

19.(d) All open spaces, parking spaces, lobbies, staircases, stores, the basement/podium atrium will remain the property of the promoters till such time the promoters think fit and in any case shall always be subject to the paramount rights of the promoters to the use and enjoyment of such spaces without any fees or cost or charges.

27. The purchasers are aware that stilt car parking and open car parking belongs to the promoters only and the same cannot be used by the purchasers without the written permission from the promoters. The security personnel of promoters shall have the right to remove any such car parked without obtaining the aforesaid permission.

29. It is expressly agreed that the said premises shall contains (save and except garage, car parking space, area covered under stilt which shall be a normal brick structure with cement plaster and cement flooring) specifications, fixtures, fittings and amenities as set out in Annex-G hereunder written and the purchasers confirm that the promoters shall not be liable to provide any other specifications, fixtures, fittings and amenities in the said premises.

At the time of booking I asked them about parking they verbally said there is stilt parking already booked you can parked car in open space. No issues.

But now, they call me to sign the affidavit of (Hami part) means will agree to there ongoing construction for next phase, amenities ( garden, play area, pool, club house etcc…) as mentioned in the agreement will be constructed during phase – 2 and there will be no objection from me. And ready to accept possession  without open parking space, R.G. facilities etc… And corporation will not be responsible for it. And there will be no objection/complaint to any authority etc….  if you delay in sign this paper it will delay OC for your flat.

When I asked them this all my consent giving to you beside I m not having car parking also. They said if you want you can purchase open car parking spaces by paying amount and we will allot so and so number to your flat name.  Two Towers consists of 240 flat which is near to possession.

But sir I have gone thru all yours blog’s where says allotting / selling open / stilt car parking spaces is illegal.

Queires :

  1. If I purchase open space car parking (@ para. 27) it will sole belongs to me at all times, even after society formation.
  2. Promoters can handover to society the parking spaces (@ para.19d).
  3. If I won’t purchase car parking I will be refrain from parking vehicle in future.
  4. If I purchase car parking will after society form will take away my parking rights as allotted by builder.
  5. What remedy lie for me as of now, to go for purchasing parking.
  6. Should I sign off the affidavit (Hami patr) self consent paper. 

awaiting for experts advise.

 

thanks



Learning

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